What is the test for abuse of discretion when a motion for a preliminary injunction is denied?

MultiRegion, United States of America

The following excerpt is from Dickinson v. Davis, 29 F.3d 631 (9th Cir. 1994):

We review for abuse of discretion a district court's denial of a motion for a preliminary injunction. See Hunt v. National Broadcasting Co., 872 F.2d 289, 292 (9th Cir.1989). The district court abuses its discretion if the court (1) does not apply the correct legal standard regarding the issuance of preliminary injunctions or misapprehends the underlying substantive law, (2) bases its decision on a clearly erroneous finding of fact, or (3) applies an acceptable preliminary injunction standard but in a manner resulting in an abuse of discretion. See id.

Plaintiffs contend the district court abused its discretion by denying their motion for preliminary injunction. This contention lacks merit.

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